1.1 	A bill for an act
1.2 	relating to health; preserving the effectiveness of antibiotics; prohibiting 
1.3 	the disposal of prescription drugs containing antibiotics; prohibiting the 
1.4 	nontherapeutic use of animal feed containing certain antibiotics; establishing 
1.5 	a surcharge on all commercial feeds sold that contain antibiotics; requiring a 
1.6 	label on prescription drugs containing antibiotics;amending Minnesota Statutes 
1.7 	2006, sections 25.33, by adding a subdivision; 25.341, by adding a subdivision; 
1.8 	151.212, by adding a subdivision; proposing coding for new law in Minnesota 
1.9 	Statutes, chapters 25; 115.
1.10 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.11 	Section 1. Minnesota Statutes 2006, section 25.33, is amended by adding a subdivision 
1.12 	to read:
1.13 		Subd. 8a.Nontherapeutic use. "Nontherapeutic use" means any use of an 
1.14 	antimicrobial drug in animals in the absence of disease, including use for growth 
1.15 	promotion, feed efficiency, or disease prevention.

1.16 	Sec. 2. Minnesota Statutes 2006, section 25.341, is amended by adding a subdivision 
1.17 	to read:
1.18 		Subd. 2a.Commercial feed containing antibiotics; surcharge. (a) A licensee 
1.19 	shall pay an annual surcharge on all commercial feeds sold that contain antibiotics. 
1.20 	The surcharge is one-quarter of one percent of the licensee's annual gross sales of all 
1.21 	commercial feeds sold that contain antibiotics and are used in Minnesota.  Notwithstanding 
1.22 	section 25.39, subdivision 4, money collected from the surcharge must be deposited in an 
1.23 	antibiotics account in the state government special revenue fund.
1.24 	(b) The money in the antibiotics account is appropriated to the commissioner for:
1.25 	(1) monitoring antibiotic resistance;
2.1 	(2) surveillance of antimicrobial-resistant salmonella in retail meats; and
2.2 	(3) monitoring for bacteria, resistant bacteria, and antibiotic residues in drinking 
2.3 	water supplies, including surface water areas downstream from confined animal feeding 
2.4 	operations.

2.5 	Sec. 3. [25.385] PROHIBITION ON NONTHERAPEUTIC USE OF FEED 
2.6 	CONTAINING CERTAIN ANTIBIOTICS.
2.7 	(a) After January 1, 2008, a person may not sell, buy, or use animal feed, for a 
2.8 	nontherapeutic use, containing fluoroquinolones.
2.9 	(b) After January 1, 2009, a person may not sell, buy, or use animal feed, for a 
2.10 	nontherapeutic use, containing penicillin, tetracycline, erythromycin, lincomycin, tylosin, 
2.11 	virginiamycin, or other antibiotics used in human medicine.
2.12 	(c) The commissioner shall, by rule, prohibit the use of any microbial agents for 
2.13 	growth promotion in animals if the agent is used in human therapies or is known to select 
2.14 	for cross-resistance to microbial agents used in human medicine.

2.15 	Sec. 4. [115.545] PROHIBITION ON DISPOSAL OF PRESCRIPTION DRUGS.
2.16 	(a) No person shall dispose of any prescription drug containing antibiotics by 
2.17 	depositing the drug into a wastewater disposal system.
2.18 	(b) A violation of this section is subject to enforcement under sections 115.071 
2.19 	and 116.072.

2.20 	Sec. 5. Minnesota Statutes 2006, section 151.212, is amended by adding a subdivision 
2.21 	to read:
2.22 		Subd. 4.Disposal of prescription drugs containing antibiotics. In addition to the 
2.23 	requirements of subdivisions 1 to 3, drugs dispensed containing an antibiotic shall bear 
2.24 	a label affixed to the container in which the drug is dispensed and which is received by 
2.25 	the purchaser stating that it is unlawful to dispose of the drug by depositing it in a sink or 
2.26 	toilet or any other wastewater disposal system.